Louisiana Administrative Code

A. With the exception of transmitting utility filings presented in the format required by §107 herein, a financing statement is effective for a period of five years from the date of filing. Transmitting utility filings properly presented for filing are effective until a terminati…

A. Filings relating to changes affecting the initial financing statement have been consolidated and incorporated into a single standard form for Louisiana prescribed by the secretary of state called Uniform Commercial Code, amendment form (Form UCC-3). This single composite form …

A. The procedural rules set forth in §107 and §109 herein governing the use of prescribed forms and presentation of Form UCC-1 filing are incorporated by reference herein and must be followed in the presentation of Form UCC-3 or other statement changing the status of an initial f…

A. Any subsequent filings affecting an initial UCC financing statement must be filed in the parish in which the initial UCC financing statement was filed. B. Filings erroneously directed to a parish other than that in which the initial financing statement was filed shall be rejec…

A. Any Form UCC-3 filing changing the initial financing statement must: 1. give the name and address (as applicable), of each debtor as it appears on the initial financing statement or the most recent filing; 2. give the name and mailing address (as applicable), of the secured pa…

A. Continuation Statement 1. A filed financing statement is effective for a period of five years. No exception is made for a stated maturity date of less than five years. A security interest ceases to be perfected unless a continuation statement is filed prior to the expiration d…

A. Background 1. The secretary of state's master index of information is composed of UCC filing data submitted by the 64 filing officers. The database is a composite of all presently effective financing statements, as well as any statements of assignment, continuation, release, o…

A. The fees schedule for filing and information requests submitted on Forms UCC-1, UCC-3, and UCC-11 are provided in R.S. 10:9-525. B. An additional fee of $2 per filing will be charged on bulk UCC filings submitted electronically.

A. As used in this Part: Applicant―any person, firm, corporation, or other legal entity seeking the issuance of a warehouse license, cotton merchant, or grain dealer license from the commission or a renewal thereof. Claim―a written notice and/or proof of loss which is filed with …

A. There is hereby created, pursuant to the authority granted in R.S. 3:3410.1, a fund to be used for the purposes described in the following Subsection hereof, and said fund shall be known as the Agricultural Commodities Commission Self-Insurance Fund.

A. The self-insurance fund is established to guarantee the faithful performance of all duties and obligations of licensed grain dealers, cotton merchants, and licensed warehouses to agricultural producers and holders of state warehouse receipts for agricultural commodities and pr…

A. Fees for participation in said fund may be determined and announced annually by the commission, and the commission, in doing so, shall consider the self-insurance fund's experience and current market conditions affecting the financial status of licenses. B. Each applicant for …

A. Insurance coverage available to the user of a licensed operation shall be limited to the amount of the bond required by R.S. 3:3410 and/or R.S. 3:3411 and shall be accepted in lieu of said bond as follows. 1. Each licensed grain dealer or cotton merchant shall be insured in th…

A. The monies in the Agricultural Commodities Commission Self-Insurance Fund shall be used solely for the administration and operation of this program of self-insurance. B. Any claimant who wishes to assert a claim must provide, under oath, written and notarized proof of a loss c…

A. Any decision of the commission to deny or grant a claim for payment from the fund may be appealed to the commission by the licensee or claimant by seeking an adjudicatory hearing to have said decision reconsidered by the commission in accordance with Chapter 13 of Title 49 of …

A. Whenever a claim is paid by the commission from the self-insurance fund, the claimant, by accepting said payment, subrogates his rights to the commission up to the full amount of payment, and the commission shall have the right to recover such payments from any responsible per…

A. The maximum amount necessary to sustain the self-insurance fund is $10,000,000. When the self-insurance fund has $10,000,000 available for payment of claims, no further fees or assessment will be collected until said fund is reduced by payment of claims or as otherwise provide…

A. Participation in the agricultural commodity commission self-insurance fund shall be voluntary; however, for good cause shown, the commission may require a licensee to provide other security, in accordance with R.S. 3:3410(A) and/or R.S. 3:3411(F), in lieu of or in addition to …

A. Any claimant who provides the commission with false information regarding an alleged loss may be denied payment of the claim on the basis alone. B. Any warehouse, cotton merchant or grain dealer licensee who intentionally provides the commission with false information regardin…

A. If any part of this regulation is declared to be invalid for any reason by any court of competent jurisdiction, said declaration shall not affect the validity of any other part not so declared.

A. Where the commission finds that litigation is pending which could determine whether payment of a claim is due or to whom payment of a claim is due, the claim in question may be stayed until the judgment in said litigation has become final and definitive. The commission shall g…

A. The Board of Trustees of the Louisiana State Police Retirement System will grant military service credit for active duty service spent in the United States Reserves or the National Guard. Such credit will be granted only for active duty service prior to September 9, 1977. Any …

A. Unless otherwise specifically provided herein, the following words and terms used in this Part of the Sanitary Code, and all other Parts which are adopted or may be adopted, are defined for the purposes thereof as follows. Adverse Pollution Conditions—a state or situation caus…

A. No shellfish shall be harvested and/or sold in the state of Louisiana for food unless taken from areas sanctioned by the state health officer, or if taken from sources outside of the state, from areas sanctioned by the state authorities having jurisdiction, and unless secured …

A. This item will be satisfied when the following requirements are met. 1. Before an area is classified as approved, conditionally approved, or restricted, a sanitary survey shall be completed. The survey is a report completed prior to allowing harvesting from the area. 2. Each s…

A. This item will be satisfied when: 1. all actual and potential shellfish growing areas in the state of Louisiana are correctly designated with one of the following classifications on the basis of sanitary survey information: approved, conditionally approved, restricted or prohi…

A. Growing areas may be designated as approved when the sanitary survey and marine biotoxin surveillance data indicates that fecal material, pathogenic microorganisms, poisonous and deleterious substances are not present in the area in dangerous concentrations. This item will be …

A. Growing areas that are subject to intermittent micro-biological pollution may be classified as conditionally approved. Shellfish growing areas that are subject to intermittent microbiological pollution may, at the discretion of the state health officer, be classified as condit…

A. An area may be classified as restricted when a sanitary survey indicates a limited degree of pollution. This option may arise when levels of fecal pollution or poisonous or deleterious substances are low enough that relaying will make the shellfish safe to market. This item wi…

A. Louisiana state shellfish growing water areas shall be classified as prohibited if: 1. no current sanitary survey exists; or 2. sanitary survey determines a. the growing area is adjacent to a sewage treatment plant outfall or other point source of outfall with public health si…

A. This item will be satisfied when: 1. areas affected by marine biotoxins shall be the subject of an effective control plan developed by the Louisiana state health officer and the Secretary of the Louisiana Department of Wildlife and Fisheries. The plans shall define those admin…

A. Samples of shellfish growing waters, properly collected and labeled in accordance with criteria stipulated in the current edition of American Public Health Association (APHA) Recommended Procedures for the Examination of Sea Water and Shellfish and appropriate sections in Offi…

A. Laboratory apparatus used in the analysis of shellfish growing waters shall conform to the criteria stipulated in the current edition of American Public Health Association (APHA) Recommended Procedures for the Examination of Sea Water and Shellfish and appropriate sections in …

A. Analysis of shellfish growing waters for the Louisiana Molluscan Shellfish Program shall be performed by a laboratory officially designated as part of the Louisiana shellfish sanitation laboratory system. Procedures and methods for analysis of shellfish growing water shall con…

A. Test result data for use by the Louisiana Molluscan Shellfish Program shall be generated by an officially designated laboratory of the Louisiana molluscan shellfish sanitation laboratory system. B. Determination of results of microbiological analysis of shellfish growing water…

A. Laboratories conducting microbiological analysis of shellfish growing waters for the Louisiana Molluscan Shellfish Program shall be officially designated as part of the Louisiana state shellfish sanitation laboratory system. To be so designated, laboratories shall be evaluated…

A. Laboratory personnel conducting microbiological analysis for LSSP shall be administratively attached to an officially designated laboratory of the shellfish sanitation laboratory system, shall be evaluated by the shellfish evaluation officer for the state of Louisiana for the …

A. The shellfish evaluation officer for the state of Louisiana shall be designated by letter by the Federal Department of Health and Human Services, Public Health Service, Food and Drug Administration, Center for Food Safety and Applied Nutrition, Office of Food Safety, Division …

A. The laboratory and laboratory analysts are required to receive a satisfactory evaluation during an on-site visit by the shellfish evaluation officer for the state of Louisiana or FDA laboratory evaluation officer in order to be certified. 1. The purpose of the evaluation will …

A. Fees for evaluations, analysis, determination, processing and reporting of results shall be incorporated into the Louisiana Molluscan Shellfish Program fee and assessed in accordance with rules and regulations controlling their collection.

A. Where the "current edition" of the following works is referred to in these regulations, such shall mean: 1. Recommended Procedures for the Examination of Sea Water and Shellfish, fourth edition, American Public Health Association, Inc., 1970; 2. Official Methods of Analysis, o…

A. Every person, firm or corporation who conducts any wholesale business of buying, selling or shipping shellfish shall keep an accurate daily record which shall include shipping documents. 1. Each shellfish shipment shall be accompanied by a shipping document which shall contain…

A. No person shall engage in the business of relaying shellfish from waters not approved for direct market harvesting by the state health officer prior to obtaining a permit for that purpose from the Department of Health, Office of Public Health. Growing waters to be utilized for…

A. A $5,000 cash performance bond consisting of a bank cashier’s check made payable to the Department of Health shall be submitted with each completed application. In addition to the bond, a permittee, at his own expense shall secure the services of a surveillance officer approve…

A. Permits are required prior to performing any relaying at the discretion of the Department of Health, Office of Public Health under the following restrictions. 1. No permittee or boat captain may serve on any vessel subject to this permit who has been cited or found guilty of v…

A. An official Department of Health’s "Surveillance Officers Daily Trip Report" must be completed each day by the surveillance officer and mailed to the Department of Health, Seafood Sanitation Unit after each completed day of relaying.

A. Failure to comply with any of the permitting requirements specified in §§141-147 shall result in the following administrative action. 1. The relay permit and all relay permitting privileges shall be immediately suspended by the Department of Health or the Department of Wildlif…

A. The definitions in R.S. 3:3362 are applicable to this Part. B. The following words and terms are defined for the purposes of this Part. Act—the Structural Pest Control Law, which is currently Part VII of Chapter 20 of Title 3 of the Louisiana Revised Statutes of 1950, (R.S. 3:…

A. As provided by R.S. 3:3364, the commissioner or his designee shall serve as permanent chairman of the commission. B. The assistant commissioner shall serve as secretary of the commission. C. In the absence of the chairman, the secretary shall preside at meetings of the commiss…

A. Every place of business engaged in structural pest control work shall: 1. obtain a permit for operation from the commission prior to engaging in structural pest control work. 2. provide a certificate of insurance on a document provided by the department including but not limit…